My Mother was diagnosed with Dementia and we were told that she was in the middle stage of the disease about a year ago. She has recently moved in with my husband and I and I've been trying to gently persuade her to give me Durable POA or at least add me to her Bank account. I've been paying her bills online for the past couple of years now already. She says she agrees to doing that but "Now is not the right time". My siblings have also encouraged her to do so but she gives them the same answer. She tells me that "she's not that far gone yet!" I need help in trying to convince her now before it's too late and she is unable to do so.
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Try explaining that right now she has choices. And, a DPOA can be set up with very specific criteria to activate it - thus keeping your mother "in charge" for as long as possible.
Continue to explain that IF something were to happen - a stroke, a fall hitting her head - whatever is the most likely and most potentially possible - occurs, that with no DPOA in place mom would become a ward of the state and a guardian would be appointed by the courts in her state. This guardian would be paid with your mothers assets and would be legally responsible for all the decision making concerning her care - including where she would live. Ask mom if she wants a total stranger making these types of decisions for her.
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THIS IS JUST IN CASE ANYTHING EVER HAPPENS TO ONE OF YOU. NOTHING CHANGES NOW. YALL ARE STILL IN TOTAL CONTROL. JUST FOR DOWN THE ROAD IN CASE YOU NEED HELP SOME DAY.
Well, I've been doing bills and everything else for about 5 years beginning that very day. Otherwise utilities would have been cut off, taxes not paid and so on.
My Mom attorney explained to me that a set of simple questions are typically used. The person does not have to be fully competent.... but, they do have to demonstrate that they understand the situation AT THAT MOMENT. Simple questions...like birthday? What month is this?
If she can't answer that, she doesn't have the ability to understand what she is signing....and if she doesn't understand ... her signature is not valid.